Expandable interbody fusion device with graft chambers
Summary by NHIP
Expandable fusion device with graft channel
The device comprises two endplates and sequentially inserted expansion members that expand between vertebral bodies. A rear channel in the inferior endplate communicates with U-shaped member openings to receive bone graft material.
Claim Score by NHIP
Abstract
An expandable interbody fusion device includes superior and inferior endplates that are configured to receive a sequentially inserted stack of expansion members or wafers in interlocking engagement. The expansion members are formed to each have a generally U-shaped rearward facing opening. The superior and inferior endplates have openings through their outer surfaces in at least partial alignment and communication with the rearward facing openings of the expansion members. The inferior endplate has a fully bounded cavity for telescoping receipt of the superior endplate. The inferior endplate also has a fully bounded channel extending through the rear endwall thereof in direct communication with the rearward facing opening of at least one expansion member for the receipt of bone graft material into the device to promote fusion between opposing vertebral bodies of the spine.
Term
Projected expiry 19 May 2033.
- Priority and filed
- Granted
- Today
- Projected expiry
30 claims: 3 independent, 27 dependent
- 1Broadest claimClaim Score 32, narrow(NHIP)An expandable interbody fusion device for implantation into an intradiscal space between two opposing vertebral bodies of a spine, comprising:a first endplate having an outer surface configured to contact one of said vertebral bodies and an opening extending through said outer surface;a second endplate having an outer surface configured to contact the other vertebral body and an inner support surface, said second endplate having opposing spaced apart sidewalls and opposing spaced apart front and rear endwalls defining therewithin a fully bounded interior cavity, said support surface being within said interior cavity, said first endplate being received within said interior cavity, said second endplate having at least one opening extending through said outer surface and said support surface and communicating with said interior cavity, said rear endwall defining therethrough a fully bounded channel in communication with said interior cavity, said first endplate being movable in an expansion direction relative to said second endplate toward the opposing vertebral body;at least one elongate expansion member having a front end and a rear end configured to be introduced through said channel into said interior cavity in an insertion direction that is substantially perpendicular to said expansion direction and supported by said support surface therewithin with the front end of said expansion member adjacent the front endwall of said second endplate and the rear end of said expansion member adjacent the rear endwall of said second endplate, said expansion member having an open rearward facing opening extending through the rearmost surface of said rear end and communicating with said channel and in at least partial alignment with said openings through said first endplate and said second endplate;and cooperating locking surfaces on said expansion member and one of said first endplate and said second endplate member to lock said expansion member in said device.
- 17An expandable interbody fusion device for implantation into an intradiscal space between two opposing vertebral bodies of a spine, comprising:a first endplate having an outer surface configured to contact one of said vertebral bodies and an opening extending through said outer surface and said lower surface;a second endplate having an outer surface configured to contact the other vertebral body and an inner support surface, said second endplate having opposing spaced apart sidewalls and opposing spaced apart front and rear endwalls defining therewithin an interior cavity, said support surface being within said interior cavity, said first endplate being received within said interior cavity, said second endplate having at least one opening extending through said outer surface and said support surface and communicating with said interior cavity, said rear endwall defining therethrough a channel in communication with said interior cavity, said second endplate being movable in an expansion direction relative to said first endplate toward the opposing vertebral body;a plurality of elongate expansion members each having a front end and a rear end and configured to be introduced through said channel into said interior cavity one below the other in an insertion direction that is substantially perpendicular to said expansion direction and supported by said support surface therewithin with the front end of each of said expansion members adjacent the front endwall of said second endplate and the rear end of each of said expansion members adjacent the rear endwall of said second endplate, each of said expansion members having an open rearward facing opening extending through the rearmost surface of said rear end and communicating with each other upon introduction and in at least partial alignment with said openings through said first endplate and said second endplate, the rearward facing opening of at least said lowermost expansion member being in direct communication with said channel.
- 23An expandable interbody fusion device for implantation into an intradiscal space between two opposing vertebral bodies of a spine, comprising:a first endplate having an outer surface configured to contact one of said vertebral bodies and an opening extending through said outer surface;a second endplate having an outer surface configured to contact the other vertebral body and an inner support surface, said second endplate having opposing spaced apart sidewalls and opposing spaced apart front and rear endwalls defining therewithin a fully bounded interior cavity, said support surface being within said interior cavity, said first endplate being received within said interior cavity, said second endplate having at least one opening extending through said outer surface and said support surface and communicating with said interior cavity, said rear endwall defining therethrough a fully bounded channel in communication with said interior cavity, said first endplate being movable in an expansion direction relative to said second endplate toward the opposing vertebral body;at least one insert having an upper surface, an opposite lower surface, a front end, a rear end and an open rearward facing opening extending through said upper surface, said lower surface and the rearmost surface of said rear end, said at least one insert being configured to be introduced between said first endplate and said second endplate through said channel into said interior cavity in an insertion direction that is substantially perpendicular to said expansion direction and supported by said support surface therewithin with the front end of said insert adjacent the front endwall of said second endplate and the rear end of said insert adjacent the rear endwall of said second endplate, said rearward facing opening communicating with said channel and being in at least partial alignment with said openings through said first endplate and said second endplate;and cooperating locking surfaces on said at least one insert and one of said first endplate and said second endplate member to lock said at least one insert in said device.
Independent claims3
36 paragraphs in 5 sections, as filed
FIELD OF THE INVENTION
The subject invention relates generally to the field of spinal implants and more particularly to expandable interbody fusion devices with graft chambers.
BACKGROUND OF THE INVENTION
Spinal implants such as interbody fusion devices are used to treat degenerative disc disease and other damages or defects in the spinal disc between adjacent vertebrae. The disc may be herniated or suffering from a variety of degenerative conditions, such that the anatomical function of the spinal disc is disrupted. Most prevalent surgical treatment for these conditions is to fuse the two vertebrae surrounding the affected disc. In most cases, the entire disc will be removed, except for a portion of the annulus, by way of a discectomy procedure. A spinal fusion device is then introduced into the intradiscal space and suitable bone graft or bone substitute material is placed substantially in and/or adjacent the device in order to promote fusion between two adjacent vertebrae.
Certain spinal devices for achieving fusion are also expandable so as to correct disc height between the adjacent vertebrae. Examples of expandable interbody fusion devices are described in U.S. Pat. No. 6,595,998 entitled “Tissue Distraction Device”, which issued on Jul. 22, 2003 (the '998 patent), U.S. Pat. No. 7,931,688 entitled “Expandable Interbody Fusion Device”, which issued on Apr. 26, 2011 (the '688 patent), and U.S. Pat. No. 7,967,867 entitled “Expandable Interbody Fusion Device”, which issued on Jun. 28, 2011 (the '867 patent). The '998 patent, the '688 patent and the '867 patent each discloses sequentially introducing in situ a series of elongate inserts referred to as wafers in a percutaneous approach to incrementally distract opposing vertebral bodies to stabilize the spine and correct spinal height, the wafers including features that allow adjacent wafers to interlock in multiple degrees of freedom. The '998 patent, the '688 patent and the '867 patent are assigned to the same assignee as the present invention, the disclosures of these patents being incorporated herein by reference in their entirety.
Certain interbody fusion devices also include hollow portions or chambers that are filled with suitable material such as bone graft to promote fusion between vertebral bodies. The extent and size of the chambers establish areas of contact that are configured so as to assure maximum contact between the bone graft and the vertebral bodies. Sufficient surface area of the device surrounding the chambers needs to be maintained in order to provide an appropriate load bearing surface to withstand the compressive forces exerted by the opposing vertebral bodies. In addition, where expandable interbody fusion devices are used to correct height within the intradiscal space, the effect of shear forces on the expanded device due to torsional movement of the spine also needs to be considered.
Accordingly, there is a need to develop expandable interbody fusion devices with bone graft chambers that take into account and balance these factors, as well as to facilitate the introduction of bone graft into the device and through the graft chambers once expanded.
SUMMARY OF THE INVENTION
It is an object of the invention to provide an improved expandable device with openings serving as bone graft chambers for implantation into the intradiscal space between two opposing vertebral bodies of a spine having the facility for introducing bone graft thereinto upon expansion.
DESCRIPTION OF THE FIGURES
<figref idrefs="DRAWINGS">FIG. 1</figref> is front perspective view of an expandable interbody fusion device in unexpanded condition in accordance with one embodiment of the present invention.
<figref idrefs="DRAWINGS">FIG. 2</figref> is a perspective cross sectional view of the unexpanded device of <figref idrefs="DRAWINGS">FIG. 1</figref> as seen along viewing lines II-II of <figref idrefs="DRAWINGS">FIG. 1</figref>.
<figref idrefs="DRAWINGS">FIG. 3</figref> is a rear perspective view of the device of <figref idrefs="DRAWINGS">FIG. 1</figref>.
<figref idrefs="DRAWINGS">FIG. 4</figref> is a top perspective view of an interlocking wafer serving as an expansion member to expand the interbody fusion device of <figref idrefs="DRAWINGS">FIG. 1</figref>.
<figref idrefs="DRAWINGS">FIG. 5</figref> is a bottom perspective view of the interlocking wafer shown in <figref idrefs="DRAWINGS">FIG. 4</figref>.
<figref idrefs="DRAWINGS">FIG. 6</figref> is front perspective view of the expandable interbody fusion device <figref idrefs="DRAWINGS">FIG. 1</figref> expanded to an expanded condition.
<figref idrefs="DRAWINGS">FIG. 7</figref> is a perspective cross sectional view of the expanded device of <figref idrefs="DRAWINGS">FIG. 6</figref> is seen along viewing lines VI-VI of <figref idrefs="DRAWINGS">FIG. 6</figref>.
<figref idrefs="DRAWINGS">FIG. 8</figref> is a top perspective view of an inserter for inserting wafers releasably connected to the unexpanded device of <figref idrefs="DRAWINGS">FIG. 1</figref>.
<figref idrefs="DRAWINGS">FIG. 9</figref> is longitudinal cross sectional view of the inserter of <figref idrefs="DRAWINGS">FIG. 8</figref>.
<figref idrefs="DRAWINGS">FIG. 10</figref> is a perspective view of the guide used with the inserter of <figref idrefs="DRAWINGS">FIG. 8</figref> releasably connected to the expanded device of <figref idrefs="DRAWINGS">FIG. 6</figref>.
<figref idrefs="DRAWINGS">FIG. 11</figref> is a top perspective view of an alternative lordotic expandable fusion device.
DESCRIPTION OF THE EMBODIMENTS
For the purposes of promoting and understanding of the principles of the invention, reference will now be made to the embodiments illustrated in the drawings and described in the following written specification. It is understood that no limitation to the scope of the invention is thereby intended. It is further understood that the present invention includes any alterations and modifications to the illustrated embodiments and includes further applications of the principles of the invention as would normally occur to one skilled in the art to which this invention pertains.
In accordance with one embodiment of the invention, an expandable interbody fusion device <b>10</b> includes a first superior endplate <b>12</b> and a second inferior endplate <b>14</b>, as shown in <figref idrefs="DRAWINGS">FIGS. 1-3</figref>. The interbody fusion device <b>10</b> has a height across the superior and inferior endplates <b>12</b>, <b>14</b> in the unexpanded condition as illustrated in <figref idrefs="DRAWINGS">FIGS. 1-3</figref> that is less than the normal anatomic height of a typical intradiscal space. The invention contemplates that a series of expansion members, such as interlocking wafers <b>100</b> as will be described, are introduced into the device <b>10</b> to distract the opposing vertebrae by separating the superior and inferior endplates <b>12</b>, <b>14</b> in situ. Insertion of the wafers <b>100</b> separates the endplates <b>12</b>, <b>14</b> to expand the height of the device within the intradiscal space and to ultimately restore the normal anatomic height of the disc space. Expansion devices of this type are shown and described in the '998 patent, the '688 patent and the '867 patent described hereinabove and incorporated herein by reference.
The present invention contemplates an improved interbody fusion device <b>10</b> that particularly includes openings that define graft chambers for containment of materials that promote bone fusion through the device between opposing vertebral bodies.
The superior endplate <b>12</b> as shown in <figref idrefs="DRAWINGS">FIGS. 1-3</figref> and <b>6</b>-<b>7</b> is elongate and comprises a hub <b>16</b> having pair of side surfaces <b>18</b> and <b>20</b> extending longitudinally on each side of the hub <b>16</b> and a pair of end surfaces <b>22</b> and <b>24</b> extending respectively at the proximal rear end and the distal front end of the superior endplate <b>12</b>. The hub <b>16</b> is sized and configured to fit within a cavity of the inferior endplate <b>14</b> for telescoping movement therewithin, as will be described. The lower surface <b>26</b> of the hub <b>16</b> (<figref idrefs="DRAWINGS">FIG. 2</figref>) includes a shaped configuration defined by wafer mating features <b>28</b> that are substantially identical to the mating features on the lower surface of each wafer <b>100</b>, as will be described. The hub <b>16</b> defines a series of grooves <b>30</b> as shown in <figref idrefs="DRAWINGS">FIG. 6</figref> extending along each side surface <b>18</b> and <b>20</b> thereof that is configured to engage ribs (not shown) projecting interiorly of the inferior endplate <b>14</b>. This engagement temporarily holds the superior and inferior endplates together in the expansion direction as the device <b>10</b> is introduced into the intradiscal space to be distracted.
As shown particularly in <figref idrefs="DRAWINGS">FIGS. 1-3</figref> and <b>6</b>-<b>7</b>, the superior endplate <b>12</b> includes a graft chamber defined by an opening <b>32</b> extending through the upper outer surface <b>12</b><i>a </i>and the lower surface <b>26</b>. In a particular arrangement, the opening <b>32</b> is situated to lie more adjacent to the proximal surface <b>20</b> or rear end of the device <b>10</b>. In accordance with one arrangement, the superior endplate <b>12</b> is formed of a biocompatible polymer such as polyethylethylketone (PEEK). PEEK is used in fusion applications for its combination of strength, biocompatibility, and elasticity which is similar to human bone. Other composites may include derivatives of PEEK such as carbon fiber reinforced PEEK and PEKK, respectively. In a particular aspect, the superior endplate <b>12</b> may further include an upper endcap <b>34</b> that defines the outer surface <b>12</b><i>a</i>. Endcap <b>34</b> may be a separate plate formed of material for the promotion of bone growth, such as titanium, and may be attached to the endplate <b>12</b> with suitable conventional techniques. As an alternative, the upper surface <b>12</b><i>a </i>may be defined by a coating a suitable layer of bone growth promotion material, such as titanium, which may be deposited by conventional techniques such as, for example, by ion implantation as described in U.S. Pat. No. 4,743,493, entitled “Ion Implantation of Plastics”, issued on May 10, 1988 to Sioshansi et al., the contents of which are incorporated by reference herein.
The inferior endplate <b>14</b> of the interbody fusion device <b>10</b> as shown in <figref idrefs="DRAWINGS">FIGS. 1-3</figref> and <b>6</b>-<b>7</b> is elongate and comprises a pair of opposing spaced apart sidewalls <b>36</b> and <b>38</b> extending along the longitudinal direction and projecting upwardly from the lower outer surface <b>14</b><i>a</i>. A pair of spaced apart endwalls <b>40</b> and <b>42</b> extend laterally across the device and project upwardly from outer surface <b>14</b><i>a</i>. Rear end wall <b>40</b> is disposed at the rear or proximal end of the device <b>10</b> and front end wall <b>42</b> is disposed at the front or distal end of the device <b>10</b>. The side walls <b>36</b>, <b>38</b> together with rear end wall <b>40</b> and front end wall <b>42</b> form an open, upwardly facing fully bounded interior cavity <b>44</b> as shown in <figref idrefs="DRAWINGS">FIGS. 1-2</figref> and <b>7</b>. The interior cavity <b>44</b> is sized and configured to receive the superior endplate <b>12</b> including the hub <b>16</b> and the endcap <b>34</b> in relatively close fit between the side walls <b>36</b> and <b>38</b> and the end walls <b>40</b> and <b>42</b> of the inferior endplate <b>14</b> in a non-expanded condition as shown in <figref idrefs="DRAWINGS">FIGS. 1 and 2</figref>. The hub <b>16</b> of superior endplate <b>12</b> remains fully contained within the inferior endplate <b>14</b> during telescoping expansion of the device <b>10</b> as shown in <figref idrefs="DRAWINGS">FIGS. 6 and 7</figref>, contributing to the torsional strength of the expanded device <b>10</b>.
The inferior plate <b>14</b> as shown in <figref idrefs="DRAWINGS">FIG. 3</figref> defines a fully bounded wafer channel <b>46</b> extending through the rear endwall <b>40</b> in communication with interior cavity <b>44</b> and through which the wafers <b>100</b> which serve as expansion members are introduced. The inferior endplate <b>14</b> includes a pair of opposite ledges <b>48</b> that define an upper support surface on which each wafer <b>100</b> is supported as it introduced into the wafer channel <b>46</b>, as will be described. The ledges <b>48</b> define the bottom surface of the cavity <b>44</b>. Wafers are introduced sequentially into wafer channel <b>46</b>, as will be described. The rear endwall <b>40</b> further defines a threaded connection opening <b>50</b> for threaded releasable receipt of a guide pin for use in the introduction of wafers <b>100</b> and in the delivery of bone graft material into the device <b>10</b>, as will also be described. Rear endwall <b>40</b> may also additionally include a pair of bilateral notches <b>52</b> adjacent the sidewalls <b>36</b> and <b>38</b> for use in attachment to portions of the wafer inserter for the establishment of a rigid connection to the device <b>10</b> for insertion into the intradiscal space.
As shown particularly in <figref idrefs="DRAWINGS">FIGS. 1-3</figref> and <b>6</b>-<b>7</b>, the inferior endplate <b>14</b> includes a graft chamber defined by an opening <b>54</b> extending through the lower outer surface <b>14</b><i>a </i>and the upper support surface <b>48</b> in communication with cavity <b>44</b>. In a particular arrangement, the opening <b>54</b> is situated to lie more adjacent to the proximal surface <b>20</b> or rear end of the device <b>10</b> and at least in partial alignment with the opening <b>32</b> in superior endplate <b>12</b>. In accordance with one arrangement, the inferior endplate <b>12</b> is formed of a material different from the material of the superior endplate <b>12</b>. In this aspect, the inferior endplate <b>12</b> may be formed of a biocompatible metal, such as titanium, for its strength properties. Titanium is chosen for strength, biocompatibility, processing capability, and fluoroscopic imaging properties (radiolucency). Other alternative materials include cobalt chrome, stainless steel (both stronger than titanium but much less radiolucent), or biocompatible ceramics such as silicon nitride or zirconia, which are radiolucent. Titanium and silicon nitride have demonstrated good apposition to bone and superior to PEEK. In this regard where inferior endplate <b>14</b> is formed of titanium, the lower outer surface <b>14</b><i>a </i>would provide for the promotion of bone growth. Where inferior endplate <b>14</b> is not formed of a bone growth promotion material, lower outer surface <b>14</b><i>a </i>may be coated with a suitable layer of bone growth promotion material, such as titanium, and deposited in a conventional manner as described hereinabove.
Where inferior endplate <b>14</b> is formed of titanium or other suitable metal that is radiopaque, windows <b>56</b> may be formed through sidewalls <b>36</b> and <b>38</b> and/or through front endwall <b>42</b> as shown in <figref idrefs="DRAWINGS">FIGS. 1-3</figref> and <b>6</b>-<b>7</b> so as to allow visual observation of the expansion of the device <b>10</b> upon insertion of the wafers <b>100</b> by suitable imaging techniques, such as fluoroscopy.
Details of an interlocking wafer <b>100</b> are shown in <figref idrefs="DRAWINGS">FIGS. 4-5</figref>. The wafer <b>100</b> is elongate and has an upper surface <b>102</b> and a lower surface <b>104</b>, both of which are generally planar so that the wafers can form a stable stack within the interbody fusion device <b>10</b>. Wafer <b>100</b> includes a trailing rear end <b>106</b> and a leading front end <b>108</b>. The rear end <b>106</b> is formed substantially in the form of a horseshoe, with a pair of spaced opposing arms <b>112</b> and <b>114</b> defining an open rearward facing generally U-shaped opening <b>116</b>. The surface <b>118</b> between the upper surface <b>102</b> and the lower surface <b>104</b> at the base of opening <b>116</b> defines a pushing surface, as will be described. The opening <b>116</b> at the rear end of each wafer <b>100</b> is provided to allow bone graft material to flow into the device <b>10</b> through the openings <b>116</b> and into the openings <b>32</b> and <b>54</b> extending through the superior endplate <b>12</b> and the inferior endplate <b>14</b>, respectively.
The rear end <b>106</b> includes a downward-facing sloped surface <b>120</b> at the free end of each arm <b>112</b> and <b>114</b> that corresponds angularly to an upward-facing surface <b>122</b> on the leading front end <b>108</b> of the wafer <b>100</b>. The sloped surfaces help displace an earlier inserted wafer <b>100</b> upon introduction of a new wafer. More specifically, when a first wafer <b>100</b><i>a </i>is introduced through the wafer channel <b>46</b>, resting on the ledges <b>48</b>, the downward-facing sloped surface <b>120</b> thereof is lifted upon contact with the upward-facing slope <b>122</b> of a newly inserted wafer <b>100</b><i>b </i>(<figref idrefs="DRAWINGS">FIG. 7</figref>). This allows the newly inserted wafer to ride along the ledges <b>48</b> until it is positioned fully underneath the previous wafer as more fully described in the '867 patent.
The wafer <b>100</b> includes several features for interlocking engagement to the hub <b>16</b> and to adjacent wafers <b>100</b> in a complementary interlocking mating interface. One particular feature includes a series of locking elements defined by resiliently deflectable prongs <b>124</b> that project outwardly above the upper surface <b>102</b> of the wafer <b>100</b> in the direction of expansion of device <b>10</b>. A complementary series of locking surfaces <b>126</b> are defined in the lower surface <b>104</b> of the wafer <b>100</b> for resilient engagement with the prongs <b>124</b> as wafers are inserted into device <b>10</b> to form a stack. It should be appreciated that the prongs <b>124</b> and associated locking surfaces <b>126</b> may be formed on either the upper surface or the lower surface of a wafer <b>100</b> as desired. The lower surface <b>104</b> of each wafer <b>100</b> as shown in <figref idrefs="DRAWINGS">FIGS. 5 and 7</figref> also defines a T-slot configuration <b>128</b> for mating with a T-bar configuration <b>130</b> on the upper surface <b>102</b> of a successive wafer <b>100</b> as shown in <figref idrefs="DRAWINGS">FIGS. 4 and 7</figref>. It should be appreciated that the respective T-bar and T-slot configurations may also be formed on either the upper surface or the lower surface of a wafer <b>100</b> as desired. In the illustrated arrangement, there are two prongs <b>124</b> extending generally linearly and substantially centrally along the elongate longitudinal direction adjacent the front end <b>108</b> of wafer <b>100</b>. The structure and function of a wafer <b>100</b> and the prongs <b>124</b> are more fully described in the '867 patent, incorporated herein by reference.
The superior and inferior endplates <b>12</b> and <b>14</b> are configured to be initially releasably engaged by the ribs (not shown) and the grooves <b>30</b> when the device <b>10</b> is unexpanded, as shown in <figref idrefs="DRAWINGS">FIGS. 1 and 2</figref>. In this unexpanded condition, the device <b>10</b> is attached to an inserter <b>200</b> as shown in <figref idrefs="DRAWINGS">FIGS. 8 and 9</figref>. In this stage, the hub <b>16</b> is disposed within the cavity <b>44</b> of inferior endplate <b>14</b> with the ribs (not shown) on the interior surfaces of side walls <b>36</b>, <b>38</b> engaging the grooves <b>30</b> extending along each side of the hub <b>40</b>. The lower surface <b>26</b> of hub <b>16</b> is on or closely adjacent to the wafer support ledges <b>48</b> in facing relationship. This engagement temporarily holds the superior and inferior endplates together as the device <b>10</b> is introduced into the intradiscal space to be distracted. In this unexpanded condition the outer surface <b>12</b><i>a </i>of the superior endplate <b>12</b> is substantially flush with the upper surfaces of the sidewalls <b>36</b> and <b>38</b> as illustrated in <figref idrefs="DRAWINGS">FIGS. 1 and 2</figref>. In addition to providing strength for the device <b>10</b> as described hereinabove, such nesting of the superior endplate <b>12</b> within inferior endplate <b>14</b> allows for lower height of the unexpanded device <b>10</b>.
The inserter <b>200</b> as illustrated in <figref idrefs="DRAWINGS">FIGS. 8 and 9</figref> comprises a track assembly <b>202</b> and a handle <b>204</b> for individually sequentially inserting a plurality of wafers <b>100</b> supported linearly within the track assembly <b>202</b>. A source of wafers <b>100</b> is provided in a cartridge <b>206</b> supported by the track assembly <b>202</b>. A pair of opposing fingers <b>208</b> is provided at the distal end of the track assembly <b>202</b>, fingers <b>208</b> releasably engaging the notches <b>52</b> in the rear endwall <b>40</b> for connection thereto. As depicted particularly in <figref idrefs="DRAWINGS">FIG. 9</figref>, the track assembly <b>202</b> supports an elongate guide pin <b>210</b> the distal end <b>210</b><i>a </i>of which is threaded for releasable threaded connection with threaded opening <b>50</b> in rear endwall <b>40</b> of the device <b>10</b>. Inserter <b>200</b> comprises an elongate driver <b>212</b> that is translatably supported within the track assembly <b>202</b>, the distal end of which is configured to enter the rearward facing opening <b>116</b> of each wafer<b>100</b> and engage the pushing surface <b>118</b>. Upon actuation of the handle and translation of the driver <b>212</b>, the wafer <b>100</b> is suitably moved through the channel <b>46</b> and into the device <b>10</b> by the force of the distal end of the driver <b>212</b> against the pushing surface <b>118</b>. Inserter <b>200</b> further includes a quick disconnect member <b>214</b> which upon rotation allows the inserter <b>200</b> to be detached from the guide pin <b>210</b>, thereby leaving the guide pin <b>210</b> releasably connected to the expanded device <b>10</b> after suitable insertion of the desired number of wafers, as shown in <figref idrefs="DRAWINGS">FIG. 10</figref>. With the guide pin <b>210</b> attached to the device <b>10</b> at opening <b>50</b>, the channel <b>46</b> extending through the rear end wall <b>40</b> of device <b>10</b> is fully exposed and may be used for the introduction of suitable bone graft material into expanded device <b>10</b>. For the introduction of a bone graft material, the guide pin <b>210</b> may be used as a locator for subsequent attachment to an apparatus containing such bone graft material whereby such apparatus may be supported by the guide pin <b>210</b> while allowing access into channel <b>46</b>. Further details of the structure and operation of the inserter <b>200</b> are described in commonly assigned U.S. Pat. No. 6,997,929, entitled “Tissue Distraction Device”, and issued Feb. 14, 2006, the contents of which are incorporated by reference herein.
The manner in which the interbody fusion device <b>10</b> is expanded is illustrated in <figref idrefs="DRAWINGS">FIGS. 6-7</figref>. When the first wafer <b>100</b> is introduced, the interlocking features on the upper surface <b>102</b> of the wafer <b>100</b> engage the mating features <b>28</b> on the lower surface <b>26</b> of superior endplate <b>12</b> lifting the superior endplate <b>12</b> upwardly within the cavity <b>44</b> between sidewalls <b>36</b>, <b>38</b> and breaking the initial releasable engagement. When the first inserted wafer <b>100</b> is introduced into the device <b>10</b> the rearward facing opening <b>116</b> in the wafer <b>100</b> is located to be in at least partial alignment and communication with the openings <b>32</b> and <b>54</b> extending through the superior endplate <b>12</b> and inferior endplate <b>14</b>, respectively. This process continues with each successive wafer <b>100</b> inserted beneath a previously inserted wafer <b>100</b> until a complete stack is formed telescopically lifting the superior endplate <b>12</b> relative to the inferior endplate <b>14</b>, as depicted in <figref idrefs="DRAWINGS">FIG. 7</figref>. As each subsequent wafer <b>100</b> is introduced, the prongs <b>124</b> lockingly engage the mating locking surfaces <b>126</b> features on the lower surfaces of each previously introduced wafer <b>100</b>, with the openings <b>116</b> of each wafer <b>100</b> being disposed such that they are in at least partial alignment and communication with the openings <b>116</b> of each previously introduced wafer <b>100</b>. The lowermost wafer <b>100</b> is supported on the support surfaces of ledges <b>48</b> with the rearward facing opening being in direct communication with the channel <b>46</b> extending through rear endwall <b>40</b> of inferior endplate <b>14</b>. It should be noted that all the wafers <b>100</b> are contained within and constricted by the opposing side walls <b>36</b>, <b>38</b> and the rear and front end walls <b>40</b>, <b>42</b> so as to provide additional resistance against torsional movement of the spine. The inserter <b>200</b> is released from the expanded interbody fusion device <b>10</b> upon unthreading the guide pin <b>210</b> from opening <b>50</b>.
Having described the interbody fusion device <b>10</b>, a suitable bone filler or bone graft to promote fusion between opposing vertebral bodies may be inserted into the expanded device <b>10</b> as well as into the intradiscal space adjacent to device <b>10</b>. With the inserter <b>200</b> used to insert inserts such as wafers <b>100</b> into device <b>10</b> having been removed from the expanded device <b>10</b>, it can be appreciated that the wafer insertion channel <b>40</b> provides clear and unobstructed access into the expanded device <b>10</b> and into the reaward facing openings <b>116</b> of wafers <b>100</b>, facilitating the introduction of bone graft material. A suitable graft insertion instrument using the guide pin <b>210</b> as a locator may be used to inject bone graft under pressure into the expanded device <b>10</b>. Under an appropriate pressure, such bone graft will flow through into channel and openings <b>116</b> and into the openings <b>32</b> and <b>56</b> of superior endplate <b>12</b> and inferior endplate <b>14</b>. Injection of the bone graft will continue until the graft is stress loaded against the endplates of the opposing vertebral bodies. In some instances, bone graft may be pre-loaded into an unexpanded device <b>10</b> prior to insertion of the device <b>10</b> into the intradiscal disc space. Suitable bone graft materials may include autograph bone, allograft bone, bone morphogenic protein (BMP) and xenograft and synthetic derived bone substitutes, as described for example, in the '998 Patent. It should also be understood that a material with a bone fusion promoting substance, such as a sponge saturated with BMP, may be placed in the openings <b>32</b> and <b>54</b> suitably formed to support such a sponge. This will allow the fusion promoting substance to be pre-loaded into device <b>10</b> and not be disrupted upon expansion of device <b>10</b> by insertion of wafers <b>100</b> as described herein.
It is contemplated that the wafers <b>100</b> described herein, be formed of a biocompatible material that is sufficiently rigid to form a solid stack as the successive wafers are inserted into the device. Thus, in one specific embodiment, the wafers <b>100</b> are formed of PEEK or a carbon-fiber reinforced PEEK, or similar polymeric material.
In accordance with certain specific applications, the overall length of the device <b>10</b> as shown in <figref idrefs="DRAWINGS">FIGS. 1 and 6</figref>, as defined by the length of the inferior endplate <b>14</b>, is about 25 mm. The width of the device is approximately 9 mm. The height of the unexpanded device <b>10</b> of <figref idrefs="DRAWINGS">FIGS. 1-2</figref> with the superior endplate <b>12</b> fully nested within the inferior endplate <b>14</b> is approximately 7 mm. With the introduction of five wafers <b>100</b>, each of which has a thickness of approximately 1.0 mm, the height of device <b>10</b> may be expanded from an unexpanded height of approximately 7 mm to an expanded height of approximately 12 mm. Of course, the number of wafers may vary depending upon the particular surgery and the initial height may also be different. For example, device <b>10</b> may be formed to have an initial unexpanded height of approximately 9 mm and with the addition of seven wafers <b>100</b>, each having a thickness of 1 mm, the height of device <b>10</b> may be increased to approximately 16 mm. As such, it should be appreciated that these dimensions are only illustrative and that the dimensions of the device <b>10</b> and the number of wafers <b>100</b> to be inserted and their thicknesses may vary depending upon the application.
While the invention has been illustrated and described in detail in the drawings and foregoing description, the same should be considered as illustrative and not restrictive in character. It is understood that only the preferred embodiments have been presented and that all changes, modifications and further applications that come within the spirit of the invention are desired to be protected. For instance, as shown in <figref idrefs="DRAWINGS">FIG. 11</figref>, a device <b>300</b> embodying the features described herein may be formed to have a lordotic shape, whereby the leading front end <b>310</b> intended to be placed in the anterior portion of the intradiscal space may have a height greater than the trailing rear end <b>320</b>, intended to be placed in the posterior portion of the intradiscal space.
Contents5
12 sheets
Sheet 1 Sheet 2 Sheet 3 Sheet 4 Sheet 5 Sheet 6 Sheet 7 Sheet 8 Sheet 9 Sheet 10 Sheet 11 Sheet 12
Every citation, both waysCites: the store holds 107 of 108
| Document | Relation | Office | Cited during |
|---|---|---|---|
| US10314722B2 | Cited by | United States of America | Applicant |
| US11160668B2 | Cited by | United States of America | Applicant |
| US9445921B2 | Cited by | United States of America | Applicant |
| US9114026B1 | Cited by | United States of America | Applicant |
| US9980750B2 | Cited by | United States of America | Applicant |
| USD955579S | Cited by | United States of America | Applicant |
| US2014207239A1 | Cited by | United States of America | Pre-grant |
| US9107766B1 | Cited by | United States of America | Applicant |
| USD997360S | Cited by | United States of America | Applicant |
| US11219532B2 | Cited by | United States of America | Applicant |
| US10893953B2 | Cited by | United States of America | Applicant |
| US9216094B2 | Cited by | United States of America | Applicant |
| US12303400B2 | Cited by | United States of America | Applicant |
| US2021186707A1 | Cited by | United States of America | Search report |
| US9675469B2 | Cited by | United States of America | Applicant |
| US12208011B2 | Cited by | United States of America | Applicant |
| US11938039B2 | Cited by | United States of America | Applicant |
| US10045857B2 | Cited by | United States of America | Applicant |
| US12042399B2 | Cited by | United States of America | Applicant |
| US10687962B2 | Cited by | United States of America | Applicant |
| USD997361S | Cited by | United States of America | Applicant |
| US2020121462A1 | Cited by | United States of America | Search report |
| US9498347B2 | Cited by | United States of America | Applicant |
| US10987228B2 | Cited by | United States of America | Applicant |
| US11612502B2 | Cited by | United States of America | Applicant |
| US10195052B2 | Cited by | United States of America | Applicant |
| US9615937B2 | Cited by | United States of America | Applicant |
| US11013614B2 | Cited by | United States of America | Applicant |
| US9861495B2 | Cited by | United States of America | Applicant |
| USD1038400S | Cited by | United States of America | Applicant |
| US11529242B2 | Cited by | United States of America | Applicant |
| US11452611B2 | Cited by | United States of America | Applicant |
| US9095446B2 | Cited by | United States of America | Search report |
| US12186200B2 | Cited by | United States of America | Applicant |
| US11793644B2 | Cited by | United States of America | Search report |
| USD1029269S | Cited by | United States of America | Applicant |
| US11701239B2 | Cited by | United States of America | Applicant |
| US9265623B2 | Cited by | United States of America | Applicant |
| US9980827B2 | Cited by | United States of America | Applicant |
| US12097123B2 | Cited by | United States of America | Applicant |
| US12023251B2 | Cited by | United States of America | Applicant |
| US9925067B2 | Cited by | United States of America | Applicant |
| US11065132B2 | Cited by | United States of America | Applicant |
| USD948048S | Cited by | United States of America | Applicant |
| US10092416B2 | Cited by | United States of America | Search report |
| US12447025B2 | Cited by | United States of America | Applicant |
| US2019060081A1 | Cited by | United States of America | Search report |
| US10682244B2 | Cited by | United States of America | Applicant |
| US11793652B2 | Cited by | United States of America | Applicant |
| US10292835B2 | Cited by | United States of America | Applicant |
| USD957639S | Cited by | United States of America | Applicant |
| US11413162B2 | Cited by | United States of America | Applicant |
| US11759330B2 | Cited by | United States of America | Search report |
| US10945855B2 | Cited by | United States of America | Applicant |
| US2014343677A1 | Cited by | United States of America | Pre-grant |
| US10905567B2 | Cited by | United States of America | Applicant |
| US10045861B2 | Cited by | United States of America | Applicant |
| US11304824B2 | Cited by | United States of America | Applicant |
| US11819419B2 | Cited by | United States of America | Applicant |
| US9078767B1 | Cited by | United States of America | Applicant |
| US11213405B2 | Cited by | United States of America | Applicant |
| US11602441B2 | Cited by | United States of America | Search report |
| US10314718B2 | Cited by | United States of America | Applicant |
| US11826261B2 | Cited by | United States of America | Applicant |
| US10596010B2 | Cited by | United States of America | Applicant |
| US11951018B2 | Cited by | United States of America | Applicant |
| US11207192B2 | Cited by | United States of America | Applicant |
| US9439783B2 | Cited by | United States of America | Applicant |
| US10433981B2 | Cited by | United States of America | Applicant |
| US11992419B2 | Cited by | United States of America | Applicant |
| US2014135936A1 | Cited by | United States of America | Pre-grant |
| US10828172B2 | Cited by | United States of America | Applicant |
| US12324747B2 | Cited by | United States of America | Applicant |
| US10548742B2 | Cited by | United States of America | Applicant |
| EP0621020A1 | Cites | European Patent Office (EPO) | Applicant |
| US2002026195A1 | Cites | United States of America | Applicant |
| US2002147497A1 | Cites | United States of America | Applicant |
| US2002177897A1 | Cites | United States of America | Applicant |
| US2003171812A1 | Cites | United States of America | Applicant |
| US2004019354A1 | Cites | United States of America | Applicant |
| US2004064144A1 | Cites | United States of America | Applicant |
| US2004220580A1 | Cites | United States of America | Applicant |
| US2005027364A1 | Cites | United States of America | Applicant |
| US2005149194A1 | Cites | United States of America | Applicant |
| US2005283244A1 | Cites | United States of America | Search report |
| US2006058807A1 | Cites | United States of America | Search report |
| US2006058880A1 | Cites | United States of America | Applicant |
| US2006129244A1 | Cites | United States of America | Applicant |
| US2008154377A1 | Cites | United States of America | Applicant |
| US2008161927A1 | Cites | United States of America | Search report |
| US2008172127A1 | Cites | United States of America | Applicant |
| US2008300598A1 | Cites | United States of America | Search report |
| US2009198339A1 | Cites | United States of America | Applicant |
| US2010312347A1 | Cites | United States of America | Search report |
| US2012022653A1 | Cites | United States of America | Search report |
| US2012158144A1 | Cites | United States of America | Applicant |
| US2012191190A1 | Cites | United States of America | Search report |
| US2013090735A1 | Cites | United States of America | Applicant |
| FR2639823A1 | Cites | France | Applicant |
| FR2719763A1 | Cites | France | Applicant |
26 members in 6 offices
Priority claims2
| Document | Office | Kind | Date |
|---|---|---|---|
| 201313795054 | United States of America | A | |
| US201313795054 | – | – | – |
Members26
| Document | Office | Kind | |
|---|---|---|---|
| US2014277476A1 | United States of America | A1 | |
| CA2901792A1 | Canada | A1 | |
| WO2014163931A2 | World Intellectual Property Organization (WIPO) | A2 | |
| US8900312B2This record | United States of America | B2 | |
| US2015081022A1 | United States of America | A1 | |
| US2015081025A1 | United States of America | A1 | |
| US2015088260A1 | United States of America | A1 | |
| WO2014163931A3 | World Intellectual Property Organization (WIPO) | A3 | |
| WO2014163931A4 | World Intellectual Property Organization (WIPO) | A4 | |
| AU2014249897A1 | Australia | A1 | |
| EP2967913A2 | European Patent Office (EPO) | A2 | |
| JP2016510664A | Japan | A | |
| EP2967913A4 | European Patent Office (EPO) | A4 | |
| US9517140B2 | United States of America | B2 | |
| US9517141B2 | United States of America | B2 | |
| US9517142B2 | United States of America | B2 | |
| JP6058203B2 | Japan | B2 | |
| US2017095347A1 | United States of America | A1 | |
| EP2967913B1 | European Patent Office (EPO) | B1 | |
| AU2014249897B2 | Australia | B2 | |
| US9949844B2 | United States of America | B2 | |
| US2018140432A1 | United States of America | A1 | |
| US10022242B2 | United States of America | B2 | |
| CA2901792C | Canada | C | |
| US2018318104A1 | United States of America | A1 | |
| US10376387B2 | United States of America | B2 |
65 transactions on the USPTO file
Allowed after 1 non-final rejection, 1 final rejection and 1 RCE.
- Non-final rejections
- 1
- Final rejections
- 1
- RCEs
- 1
- Appeals
- 0
Over time
Point at a mark for the transactionTransactions
| Event | Code | |
|---|---|---|
| Expire PatentEXP. | EXP. | |
| Maintenance Fee Reminder MailedREM. | REM. | |
| Payment of Maintenance Fee, 4th Yr, Small EntityM2551 | M2551 | |
| Post Issue Communication - Certificate of CorrectionN423 | N423 | |
| Mail Certificate of Correction MemoMCOCM | MCOCM | |
| Certificate of Correction MemoCOCM | COCM | |
| Recordation of Patent Grant MailedPGM/ | PGM/ | |
| Patent Issue Date Used in PTA CalculationAllowedPTAC | PTAC | |
| Issue Notification MailedAllowedWPIR | WPIR | |
| Dispatch to FDCD1935 | D1935 | |
| Application Is Considered Ready for IssuePILS | PILS | |
| Issue Fee Payment VerifiedN084 | N084 | |
| Issue Fee Payment ReceivedIFEE | IFEE | |
| PG-Pub Issue NotificationPG-ISSUE | PG-ISSUE | |
| Mailing Corrected Notice of AllowabilityMCNOA | MCNOA | |
| Corrected Notice of AllowabilityCNOA | CNOA | |
| Mail Notice of AllowanceAllowedMN/=. | MN/=. | |
| Notice of Allowance Data Verification CompletedAllowedN/=. | N/=. | |
| Information Disclosure Statement consideredIDSC | IDSC | |
| Electronic Information Disclosure StatementEIDS. | EIDS. | |
| Information Disclosure Statement (IDS) FiledWIDS | WIDS | |
| Date Forwarded to ExaminerFWDX | FWDX | |
| Disposal for a RCE / CPA / R129AbandonedABN9 | ABN9 | |
| Request for Continued Examination (RCE)RCEX | RCEX | |
| Workflow - Request for RCE - BeginBRCE | BRCE | |
| Mail Advisory Action (PTOL - 303)MCTAV | MCTAV | |
| Advisory Action (PTOL-303)CTAV | CTAV | |
| Date Forwarded to ExaminerFWDX | FWDX | |
| Response after Final ActionA.NE | A.NE | |
| PILOT- Request for After Final Consideration ProgramRAFC | RAFC | |
| Mail Final Rejection (PTOL - 326)Final rejectionMCTFR | MCTFR | |
| Final RejectionFinal rejectionCTFR | CTFR | |
| Date Forwarded to ExaminerFWDX | FWDX | |
| Response after Non-Final ActionA... | A... | |
| Mail Non-Final RejectionNon-final rejectionMCTNF | MCTNF | |
| Non-Final RejectionNon-final rejectionCTNF | CTNF | |
| track 1 ONT1ON | T1ON | |
| Date Forwarded to ExaminerFWDX | FWDX | |
| Response to Election / Restriction FiledELC. | ELC. | |
| Mail Restriction RequirementMCTRS | MCTRS | |
| Restriction/Election RequirementCTRS | CTRS | |
| Case Docketed to Examiner in GAUDOCK | DOCK | |
| Case Docketed to Examiner in GAUDOCK | DOCK | |
| Application Dispatched from OIPEOIPE | OIPE | |
| Information Disclosure Statement consideredIDSC | IDSC | |
| Information Disclosure Statement (IDS) FiledWIDS | WIDS | |
| Application Is Now CompleteCOMP | COMP | |
| Sent to Classification ContractorPGPC | PGPC | |
| Filing ReceiptFLRCPT.O | FLRCPT.O | |
| Track 1 Request GrantedT1GR | T1GR | |
| Mail-Record Petition Decision of Granted to Make SpecialMP003 | MP003 | |
| Record Petition Decision of Granted to Make SpecialP003 | P003 | |
| Application Is Now CompleteCOMP | COMP | |
| Change in Power of Attorney (May Include Associate POA)PA.. | PA.. | |
| FITF set to NO - revise initial settingFTFI | FTFI | |
| Applicant Has Filed a Verified Statement of Small Entity Status in Compliance with 37 CFR 1.27SMAL | SMAL | |
| Information Disclosure Statement consideredIDSC | IDSC | |
| Information Disclosure Statement (IDS) FiledWIDS | WIDS | |
| Cleared by OIPE CSRL194 | L194 | |
| Information Disclosure Statement consideredIDSC | IDSC | |
| Petition EnteredPET. | PET. | |
| Track 1 RequestTK1R | TK1R | |
| Information Disclosure Statement (IDS) FiledWIDS | WIDS | |
| IFW Scan & PACR Auto Security ReviewSCAN | SCAN | |
| Initial Exam Team nnIEXX | IEXX |
10 legal events, as the office reported them to INPADOC
Over the term
Point at a mark for the eventEvents
| Event | Code | |
|---|---|---|
| Lapsed due to failure to pay maintenance feeLapsedFP | FP | |
| Lapse for failure to pay maintenance feesLapsedPATENT EXPIRED FOR FAILURE TO PAY MAINTENANCE FEES (ORIGINAL EVENT CODE: EXP.); ENTITY STATUS OF PATENT OWNER: SMALL ENTITYLAPS | LAPS | |
| Information on status: patent discontinuationPATENT EXPIRED DUE TO NONPAYMENT OF MAINTENANCE FEES UNDER 37 CFR 1.362STCH | STCH | |
| Fee payment procedureMAINTENANCE FEE REMINDER MAILED (ORIGINAL EVENT CODE: REM.); ENTITY STATUS OF PATENT OWNER: SMALL ENTITYFEPP | FEPP | |
| AssignmentAS | AS | |
| AssignmentAS | AS | |
| Maintenance fee paymentMAFP | MAFP | |
| Certificate of correctionCC | CC | |
| Information on status: patent grantGrantedPATENTED CASESTCF | STCF | |
| AssignmentAS | AS |
Numbers
- Publication
- 08900312
- Publication, DOCDB
- 8900312
- Publication, EPODOC
- US8900312
- Application
- 13795054
- Application, DOCDB
- 201313795054
- Application, EPODOC
- US201313795054
Titles
- English
- Expandable interbody fusion device with graft chambers
Patent term adjustment
- A delay
- +114 daysthe office missed an examination deadline
- Applicant delay
- −46 days
- Net adjustment
- 68 days
Classification
- CPC, 24
- A61F2/4611
- A61F2/447
- A61F2/4601
- A61F2/4603
- A61F2002/30131
- A61F2002/30383
- A61F2002/30401
- A61F2002/305
- A61F2002/30579
- A61F2002/30593
- A61F2002/30599
- A61F2002/30601
- A61F2002/30604
- A61F2002/30774
- A61F2002/30777
- A61F2002/30784
- A61F2002/30828
- A61F2002/3093
- A61F2002/4627
- A61F2220/0008
- A61F2250/0009
- A61F2310/00005
- A61F2/442
- A61F2/4455
- IPC, 1
- A61F2 44
- USPC, 1
- 623017160